Novi, MI asked in Civil Rights and Education Law for Michigan

Q: Can I sue my school for neglect if they had a fire drill at 8:40am when it's 28° outside and the kids no jackets

Newberry mi Going to the store and noticed all the kids at the school were outside with no jacket on because they were having a fire drill at 8:40 in the morning when it was 28° outside .they are out there for 15 to 20 minutes. my kids are already sick as it is "sinuses" called the superintendent of the school to voice my concern and now I can no longer go to the school without being trespassing

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: I assume this happened last winter, as to my knowledge, it's not been 28 degrees anywhere in lower Michigan yet this school year.

A few questions: what are your damages? Did your kid end up sicker? If you were aware that he was sick, why was he at school? Not trying to be funny, but those are questions you'll be compelled to answer in response to a lawsuit.

Secondly, I think the school may have a strong defense here: they are obliged to conduct fire drills at times and in conditions not necessarily of their choice or convenience, and have a legal responsibility to maintain a state of readiness. I guess, what would be your response if the school showed you the fire department ordered the drill that day?

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